Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1887-03-23
THE ANARCHISTS CASE.
Attorney 6rinnell's Brief -Cleveland's
C0nditi0n-Emperor vii.
liam's Birthday.
THE ANARCHISTS CASE.
Stste's Attorney Grinnell's big Bl ief ON the
Facts.

1
Grinnell completed the preparation ofhi
briefs in the Anarchists case, and started
for Ottawa, where he will present them tt
the Supreme Court. There are two briefs
| one on the facts for defendants in error
which in this case is the State. and one OF
the law. The first is concise digest OF tn,
evidence taken at the trial, and fills quarte
column Of 342 pages. It begins with an in
troductory address to the court, settin,
forth that the competency OF evidence am
the correctness Of Instructions depend
largely upon the facts developed during the
progress Of the trial. Evidence
which under one state OF facts
is incompetent under another becomes
competent, and an instruction which in one
case may result in a reversal, in another
may be approved as sound law. The the
ory advanced by the prosecution is that
for years q conspiracy existed in Cook
County to overthrow the law and com.
pletely revolutiouize the existing order OF
society, not by agitation or through the
ballot box, but by force Of arms and ter
rorism; that the bomb which killed Police
Officer Matthias Degan was thrown byA
member of the conspiracy, the act being
intended as an opening shot OF an interne-
cial revolution; lastly, that each one of
the plaintiffs in error, the condemned men,
was a member of that conspiracy and re-
sponsibIe for the results of it.
The question asked is: ibid such con-
spiracy exist?" Spies declaration at Grand
Rapids, Mich; the publication in the Arbi-
ter Zeitung and the Alarm; the platform OF
the Internationalists, which was the "des-
truction of the existing class domination
by all means-i. e.. through energetic, inex-
orable, revolutionary, and International
activity" the advocacy by Spies and his
comrades of the use of dynamite against
the police and the wealthy classes, of as
sassination and other cowardly methods,
were cited to prove that deeply planned
conspiracy did exist. The speeches, edito-
rials, and other teachings of the accused
are freely quoted, showing that they con-
spired to murder and melted the throwing
of the bomb which caused Officer Degan's
death. The more important testimony
given at the trial by policemen, newspaper
reporters and Others, including a number
of Socialists, is freely quoted from. The
motives of the Internationalists. the
ARMED group" and the Lehr and Wehl
Verein, in drilling with arms are clearly
shown.
The events Immediately preceding the
meeting and Ling's actions that
night are briefly but fully reviewed-the
Mccormick riot; the call to arms, and Spies
celebrated Revenge" circular receive care
ful attention. Then follows an outline OF
the events of the Haymarket meeting on
the night of May 4. the awful tragedy and
the arrests. and other important events
which followed.
Concerning the law bearing on the case,
excerpts are made from the
leading authorities, the document being a
quarto volume OF 2O5 pages. The law of
conspiracy is very fully discussed, tending
to show that where there is a conspiracy to
DO an unlawful act which natur. lily or
prob sLly involves the use of force and vio-
erte, the act Of each ccpsiirator done in
D. 'abs;a Of the coMnpa - ;s the sct
Of a'l. II murder results afs~ ere guilty OF
murder, and that, too, though the con-
spirator who does the act cannot be iden-
lifted; and, even though the particular act
may not have been arranged for, or the
means of it's Perpetration, provided that
The act was the natural result OF the con.
'piracy and was perpetrated in thefurther-
ance OF the common desi ign. Whether the
act was the act of a member of the con-
,piracy, whether it was done in furtherance
of the common design, is q question Of
proof.
As to the competency of evidence, it is
shown that any act or declaration of any
II the defendants tending to prove the |
or the connection of that de- |
endant with it, whether made during the |
existence OF the conspiracy or after it's |
is admissible against him;
hat the conspiracy having been estab- |
ii any member of it, though he may not |
,e party defendant, in furtherance Of the |
conspiracy, is admissible against all the |
on trial; that the defendants |
ire not affected by the conspiracy or it's OBJ |
ects. unless they are connected with it by |
,roof.
Perhaps the most important law feature |
= the doctrine OF accessories, for it is only |
ID such that the prisoners were convicted |
md sentenced. 1t is held, that where ad-
ice to murder instigates murder, the ad. |
User is guilty, even if the perpetrator is
unknown; provided the proof shows that
he act was caused by the advice, even
hough the advice was general in it's char
cter. and was not specifically directed to
ny particular person to do any particular
The instructions for the people and for
he defendants are submitted to the legal
horoscope, the deduction being that the
ourt had not erred in It's decision, that
he accused were accessories to the killing
Matthias J. Degan.
Forty-five pages are devoted to the An
rchist jury, showing that it was a fair, in
elligent and capable body. There were
81 men called to the jury-box, of whom
welve were accepted and sworn. The de-
challenged peremptorily 16O, the
tate SO, and 757 we're excused upon chal-
'nge for cause.
In conclusion the States Attorney says:
The history of crime in this State shows
o parallel in all it's pages to the murder
us act for which plaintiffs in error have
cen convicted, an act which, as the record
1ows, was wholly unprovoked and with
ut the shadow OF Justification, showing a
cart utterly depraved and wicked disre-
ard of human life; an act resulting not
My in the death OF Matthias J. Degan, but
|so in the killing of six others and the
laiming of still sixty other members of
,e police force of the city of Chicago. We
lbmit that the evidence justifies the YER
let; that the record shows no material
ror, a nd that the judgment should be af-
rmed."
THE PRESIDENTS DANGER.
hat He Should Do to Avoid = Fatal
WASHINGTON, March 21.-Dr. q. T.
overs, one Of the most promi- !